MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:


         BOARD DATE: 14 NOVEMBER 2002
         DOCKET NUMBER: AR2002071948

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. Kenneth H. Aucock		Analyst

The following members, a quorum, were present:

Mr. Arthur a. Omartian		Chairperson
Mr. John P. Infante		Member
Ms. Regan K. Smith		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

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APPLICANT REQUESTS: Reconsideration of the decision denying him award of the Purple Heart. He also requests award of the Combat Medical Badge and the Bronze Star Medal with “V” device.

APPLICANT STATES: That the Board did not have all the data concerning his wounds and the circumstances thereof. He provides new evidence in the form of a 27 February 2002 letter from a doctor, who stated that he was a general surgeon with the 807^th MASH at the time the applicant was wounded; a copy of a 20 March 2002 letter from a doctor who stated that he and others had examined the applicant, and who stated that he believed with certainty and reasonable medical probability that the applicant’s wounds were the direct result of a blast injury; a 17 January 2002 letter to the VA permanent disability board from a doctor, who described the applicant’s medical condition, stating that the applicant should receive a 100 percent disability rating; a copy of a 4 April 2000 letter to this Board from a VA medical center which confirmed previous diagnoses of the applicant’s condition; a copy of a 31 August 1991 statement authored by the applicant in which he describes the incident during which he was wounded [This statement was available to the previous Board]; and a copy of an 11 July 1991 statement from a staff sergeant who witnessed the incident [This statement was available to the previous Board].

The applicant states that his recollection of the incident was impacted by his condition. He had a concussion caused by an explosion and was not certain of each and every detail of the incident. He knows that in an attempt to see that no one would get injured by the grenade he disposed of, he low-crawled to the side of a large bombed out hole where they had thrown the grenades, when an enemy type metal object started rolling toward him, an explosion occurred, which was caused by some type of enemy munitions. He was taken back into the tent and a metal fragment was removed from his leg. The fragment was mailed to him in May 1991. He has been told that there was no way the mental fragment could be concertina wire. He stated that was the least of his injuries he suffered on that day. He believes that his actions were heroic. He states that he was more scared than anything else, but is convinced that his injuries did result from an explosion of enemy munitions.

EVIDENCE OF RECORD: The applicant's military records show:

Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's previous consideration of his request for award of the Purple Heart (AR1999033141) on 2 March 2000.

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The applicant has submitted new evidence concerning the award of the Purple Heart that requires Board consideration. Additionally, his contention that he is entitled to award of the Combat Medal Badge and the Bronze Star Medal with “V” device requires Board consideration.

In a 27 February 2002 letter, a physician who states that he was a general surgeon with the 807^th MASH, indicated that on 22 March 1991 there was a mass casualty situation, that he was working next to the applicant, and saw him remove two live grenades from an enemy casualty outside the triage tent. He heard a muffled explosion, and after a short while saw the applicant being brought into the tent on a stretcher, with his left thigh bleeding, and apparently unconscious. He was told that the grenades had exploded knocking him unconscious from the blast. He had a piece of shrapnel, which he [the physician] saw removed. He is confident that the injuries sustained by the applicant were the result of the exploding grenades. His heroic and selfless actions prevented many injuries, even death, among the triage personnel. He believes that the applicant is entitled to the Purple Heart and the Bronze Star Medal for heroism.

In a 20 March 2002 letter to this Board, a doctor stated that he had examined the applicant and reviewed his military medical records. He stated that he believed that the applicant’s left thigh shrapnel wound, concussion, ascending aortic aneurysm, cervical spine disc herniation, and sternal subluxation were all the direct result of his blast injury [from an enemy grenade], and that those injuries could not have occurred from a trip and fall as alluded to in the applicant’s casualty report – to speculate any other mechanism for his injuries was pure fiction and consistent with modern medical science. He stated that the applicant’s valor should be recognized.

In a 17 January 2002 letter to the VA Permanent Disability Board, a physician stated that the applicant’s condition was one of permanent disability requiring a 100 percent disability rating, and that his injury was service connected dating from March 1991 during the Gulf War.

In a 4 April 2000 letter to this Board, the VA Medical Center at Hampton, Virginia, indicated that the applicant had various medical conditions as a result of a blast injury.

The applicant’s 31 August 1991 statement to the Total Army Personnel Command (PERSCOM) concerning his wound on 23 March 1991, is summarized in the 2 March 2000 determination made by this Board, as is the 11 July 1991 statement by the staff sergeant of Battery B, 1^st Battalion, 5^th Field Artillery.

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Army Regulation 600-8-2 prescribes Army policy, criteria, and administrative instructions concerning individual military awards. Paragraph 1-14 states that each recommendation for an award of a military decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored. No military decoration, except the Purple Heart will be awarded more than 3 years after the act or period of service to be honored. These time limitations do not apply to retroactive and conversion awards made in confirmation of recognition of previously issued orders, letters, certificates or in exchange of decorations hereinafter authorized.

Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military
operations against an armed enemy. The primary requirement for award of this, or any decoration, is that a formal recommendation must be prepared and administratively entered into official military channels by someone having witnessed or with knowledge of the act, achievement, or service to be honored.

Army Regulation 600-8-22 provides, in pertinent part, that the Combat Medical Badge is awarded to medical department personnel (colonels and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat. Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. The Board has taken cognizance of the 27 February 2002 physician’s statement; however, he himself indicated that he did not witness the applicant being wounded from a grenade explosion, but only saw the applicant being brought in on a stretcher with a bleeding left thigh. He also stated that he was told that grenades had exploded causing a piece of shrapnel to be imbedded in the applicant’s thigh. He did state that he saw the shrapnel being removed from the applicant’s thigh, and the Board does not discount that statement. Nevertheless, the preponderance of evidence indicates that the applicant’s wound to his thigh was not caused by shrapnel from a grenade explosion, but from a piece of metal, a barb, from concertina wire.

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2. The Board has also considered the 20 March 2000 physician’s statement. The doctor, however, was not present during the time the applicant was injured. His statement that the applicant’s injuries were all the direct result of a blast injury from the explosion of an enemy grenade is speculation on his part.
He has provided no evidence to support his contention.

3. Noted also is the 4 April 2000 letter from the VA Medical Center at Hampton to this Board indicating that the applicant’s various ailments resulted from a blast injury. Again, there is no evidence to support this conclusion. The 2 March 2000 Board indicated that it appeared that once the initial unconfirmed story [that the applicant was wounded by shrapnel] was told to medical personnel, that story as to the cause of the injury to his left leg was simply repeated. This Board believes this still to be a logical explanation concerning any reference to a shrapnel wound.

4. The Board believes now, as it did when making its decision in March 2000, that the applicant injured himself when he tripped and rolled into some barbed wire, as indicated in the 4 April 1991 casualty report. Notwithstanding his contention and the statements that he has provided, there is insufficient evidence to show that he was wounded as a result of enemy action; consequently, he is not entitled to award of the Purple Heart.

5. The applicant’s contention that he is entitled to award of the Bronze Star medal with “V” device is not accepted. The Board believes that had the applicant merited that award, then he would have been so recognized by his commander. He was not recommended for that award, the time limitations for a recommendation has long since expired, and he has provided no justification to this Board that his actions were heroic and meet the criteria for that decoration.
He has not provided sufficient evidence to warrant award of the Bronze Star Medal with “V” device.

6. The applicant was assigned to a MASH unit. There is no evidence and he has not provided any, to show that he was assigned or attached to a medical unit of company or smaller size that was organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat. He is not entitled to award of the Combat Medal Badge.

7. The applicant has submitted neither probative evidence nor a convincing argument in support of his request.

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8. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy that requirement.

9. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__AAO__ __JPI ___ __RKS __ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2002071948
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20021107
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	107.00
2.
3.
4.
5.
6.